Law No. 35 Of 6 June 1994 On The Timbre, Musical, Theatrical, Cinematic, Folk And Fine Arts

Original Language Title:  LEGE nr. 35 din 6 iunie 1994 privind timbrul literar, cinematografic, teatral, muzical, folcloric şi al artelor plastice

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070476/-lege-nr.-35-din-6-iunie-1994-privind-timbrul-literar%252c-cinematografic%252c-teatral%252c-muzical%252c-folcloric-i-al-artelor-plastice.html

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Law No. 35 of 6 June 1994 (republished) concerning timbre, musical, theatrical, cinematic, folk, arts, architecture and entertainment *) published in PARLIAMENT ISSUING OFFICIAL GAZETTE nr. 507 from July 7, 2008 — — — — — — — — — — — — — — * Note) Republished pursuant to art. III of the Government Ordinance. 123/2000 for the modification and completion of the law #. 35/1994 on literary, cinematic timbre, musical, theatre, folk arts, and published in the Official Gazette of Romania, part I, no. 427 of 2 September 2000, approved with amendments and completions by law No. 121/2002, published in the Official Gazette of Romania, part I, no. 198 of 25 March 2002, and corrected in the Official Gazette of Romania, part I, no. 88 of 21 February 2001, posing a new texts.

Law No. 35/1994 was published in the Official Gazette of Romania, part I, no. 150 of 14 June 1994.


Article 1 (1) the 8 categories of stamps that form the subject of this Act shall be determined as follows: a) the stamp, worth 2% of the sale price of a book and that this price is added;
  

b) timbre cinematic worth 2% of the price of a ticket and that this price is added;
  

c) stamp, worth 5% of the price of a ticket and that this price is added;
  

d) musical timbre, amounting to 5% of the price of a ticket and 2% of the price of each disc, prints, video and audio tapes recorded with music other than folk, and plus those prices;
  

e) stamp, worth 5% of the price of a ticket and 2% of the price of each disc, each printed matter, audio and videotapes and recorded folk plus those prices;
  

f) stamp arts of 0.5% of the selling price of art work and plus this price *);
  

— — — — — — — — — — — —-* Note *) see annex 4. 6 the methodological norms approved by order of the Minister of culture and religious affairs and the Minister of public finance no. 2.823/1566/2003.

g) stamp architecture worth 0.5% 0 (per thousand) of the value of the investment, regardless of the beneficiary or of destination;
  

h) entertainment tax, amounting to 3% of the price of a ticket and be added to this price.
  

(2) shall apply to literary Stamp each copy of various literary books sold by establishments of all kinds, edited or not in Romania.
  

(3) Stamps specified in paragraph 2. (1) (a). b)) apply to each ticket sold at the shows, theatrical, musical and folkloric groups organized in the country and added to the selling price of the ticket.
  

(4) the stamp referred to in paragraph 1. (1) (a). g) is added to the value of the investment and is paid for with fees for construction permit.
  

(5) the stamp referred to in paragraph 1. (1) (a). h) apply to each ticket sold to artistic performances, other than those that apply to other stamps, and circus shows organized in the country and added to the selling price of the ticket.
  


Article 2 (1) amounts received, representing the value of stamps, will be paid on a monthly basis the units that they charged to the accounts of the organizations creators, according to the methodology established by the Ministry of culture and religious affairs, in collaboration with the Ministry of public finance *) and in consultation with the organizations of creators.
  

— — — — — — — — — — — — * Note) see the order of the Minister of culture and religious affairs and the Minister of public finance no. 2.823/1566/2003 approving detailed procedures for levying, collection, use, and control the destination of the amounts resulting from the application of stamps, cinematic, theatrical, musical, folklore, arts, architecture and entertainment, as well as the procedure of application and communication options copyright holders or of holders of rights related to copyright or, as the case may be, of their heirs published in the Official Gazette of Romania, part I, no. 873 on 9 December 2003, with subsequent amendments and additions.

According to art. 15 (a). a) of Government Emergency Ordinance nr. 24/2007 on the establishment of reorganisation measures in the context of the central public administration, approved by law No. 98/2008 name Ministry of public finance has been replaced with the name of the Ministry of economy and finance.

(2) where there is a field for cultural organizations of creators established according to legal provisions, the amounts collected will be assigned to organizations of creators, depending on the choices of the holders of copyright or related rights holders of copyright or, as the case may be, their heirs. For classical works or translations of whose copyright no longer period of legal protection from the application of the sums levied destination stamps literary will be determined by the editor. For classical works whose copyright no longer period of legal protection, paid stamp duty destination of distributor, will be determined as follows: a) in the case of the movie alien, the equivalent value of stamps to fund flows into cinematic;
  

b) in the case of musical recordings, producer;
  

c) if performances are organised in the country, the producer, for the part relating to copyright law, which no longer is in the period of legal protection, and other rights holders of copyright or rights related to copyright, where appropriate, by their heirs.
  

(3) every organization of creators is obliged to and establish a body for the stamp in question.
  

(4) in order to receive the amounts representing the value of stamps, developers must meet the following conditions: (a) cumulative) at least 90% of their members must be copyright holders or holders of rights related to copyright of the person who, through their profession, participate directly in the creation of the work in the field for which you want to collect the stamp;
  

b) in objectives through statute to retrieve activities referred to in article 1. 3. (5) verify that the conditions laid down in paragraph 1. (4) organisations of creators what can benefit amounts representing the value of the stamps will be made by a Committee established by order of the Minister of culture and religious affairs.
  


Article 3 the amounts due by the organizations creators will be used for: a) supporting cultural projects of national interest;
  

b) participation in the contests the interpretation and creation in the country and abroad;
  

c) promotion of actions with participation of the Romanians abroad;
  

d) support and protection of cinematographic art, theatrical and musical;
  

e) completion funds for supporting the activity of young creators, interpreters and performers;
  

f) support to creators, performers and executanţilor retired;
  

g) support of specialized magazines belonging to creative unions;
  

h) supporting its inclusion in national and international artistic works;
  

I honour and perpetuate the memory of) the personalities of the Romanian culture and national minorities, both at home and abroad;
  

j) exploiting the folkloric and ethnographic heritage from Romania;
  

k) financial support of performances are presented creative works whose authors are Romanian or representatives of national minorities in Romania;
  

l) financial support of awards granted to creators and interpreters.
  


Article 4 Proceeds resulting from the application of stamps, cinematic, theatrical, musical, folklore, arts, architecture and entertainment are not taxable.


Article 5 (1) shall constitute offences, unless they are so committed, according to the criminal law, to constitute the crime, and is sanctioned with a fine of from 500 to 1,000 lei lei) the following facts: — — — — — — — — — — — — — — * Note) Fines shall be expressed in the new currency, according to the provisions of law No. 348/2004 regarding the revaluation of the national currency, as published in the Official Gazette of Romania, part I, no. 664 of 23 July 2004, with subsequent amendments and additions.

the failure of the respective options) copyrights or related rights holders of copyright or, as the case may be, of their heirs, by natural or legal persons that have this requirement;
  

b) rightholders options disregard of copyright or of related rights holders of copyright or, as the case may be, of their heirs, by natural or legal persons that have this requirement;
  

(c) whether or not the failure) and value of stamps referred to in this law, by legal and physical persons who have this obligation.
  

(2) use of amounts representing the counterpart of stamps for purposes other than those laid down in article 21. 3 do not constitute irregularity is committed, if so, according to the criminal law, to constitute the offence, and shall be sanctioned by a fine from 1,000 to 4,000 lei lei).
  

— — — — — — — — — — — — — — * Note) Fines shall be expressed in the new currency, according to the provisions of law No. 348/2004 regarding the revaluation of the national currency, as published in the Official Gazette of Romania, part I, no. 664 of 23 July 2004, with subsequent amendments and additions.

(3) in the case of nevirării within the amounts receivable and payable shall apply a penalty of 0.2% per day of delay, which is made from the State budget income.
  


(4) the provisions of this article relating to the offence shall be supplemented by those of the Government Ordinance. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 28 and 29.
  


Article 6 (1) Finding and sanctioning of offences referred to in articles. 5 are carried out by specialized bodies of the Ministry of economy and finance.
  

(2) authorized Representatives of creators, organizations as well as representatives of decentralized public services of ministries and other bodies of the central public administration and representatives of the Romanian Office for copyright can check how natural or legal persons who have requested such obligations and have respected the choices of the holders of copyright or related rights holders of copyright times where appropriate, of their heirs, as well as the correctness of the operations of collecting and turning the value of stamps, with the obligation to notify competent bodies with finding and sanctioning of violations when it highlights the existence of irregularities.
  

(3) the representatives of the Ministry of culture and religious affairs will use, according to the destinations referred to in article 3, the amounts received by the organizations of creators from the application of stamps.
  


Article 7 entry into force of this law shall be repealed Decree nr. 262/1957 amended article III of Decree No. 31/1949 for stimulation of scientific, literary and artistic works, as well as for the establishment of literary writers stamps; Decree No. 977/1968 on the amendment to paragraph 2 of article 2 of Decree No. 262/1957; Decree-Law No. 93/90 concerning the amendment to article 2 of Decree No. 262/1957; Decree-Law No. 94/90 on the establishment of "theatrical Stamps"; Decree-Law No. 140/90 on the establishment of "cinema Stamps"; Law No. 62/1991 concerning the establishment of "musical Stamp"; Law No. 63/1991 concerning the establishment of "folkloric Stamp".


Article 8 this Act shall enter into force 90 days after its publication in the Official Gazette of Romania, part I. — — — — — — — — — — — —